Mr. Chairman, clause 3 reads as follows:
The following is added after section 39:
40. In this section and in sections 40.1 to 40.7:
"complaint" means a complaint of discrimination in contravention of section 40.1;
"party" means an employee who files a complaint under subsection 40.4(1), the employer of the employee who filed the complaint, and any employees' association that is a party to a collective agreement that provides for the pay that is the subject of the complaint;
"pay" means for any form of payment made by an employer for work performed by an employee and includes salary, commission, vacation pay, severance pay, pay in lieu of notice of termination, bonuses, the value of any board, rent or housing provided, contributions to a disability plan or pension plan and any other advantage received directly or indirectly by the employee.
40.1(1) Where employees employed in the same establishment perform work of equal value for an employer, no employer shall, on the basis of sex, discriminate against such employee by paying the employee at a rate of pay less than the rate paid to other such employees.
(2) For greater certainty, it is not a contravention of subsection (1) if a difference in rate of pay is attributable to a system or factor that is not based on sex, such as
(a) a seniority system;
(b) a merit system;
(c) a system that measures earnings by quantity or quality of production or performance;
(d) a compensation or hiring system that recognizes the existence of a labour shortage in respect of that field of work;
(e) a compensation or hiring system that recognizes regional differences in cost of living;
(f) a downgrading, reclassification or demotion process or system;
(g) the existence of a temporary rehabilitation or training program.
(3) No employer shall reduce the rate of pay of an employee in order to comply with subsection (1).
(4) For the purposes of this section, each of the following groups of employees is a separate establishment:
(a) employees of the public service other than employees of the Northwest Territories Power Corporation or teachers;
(b) employees of the Northwest Territories Power Corporation;
(c) teachers.
(5) For the purposes of this section, the work that one employee performs and the work that another employee performs is work of equal value if, in respect of the work of each employee, the composite skill, effort and responsibility required in performance of the work and the conditions under which the work is performed is equal.
40.2(1) The Commissioner, on the recommendation of the Legislative Assembly, shall appoint an equal pay commissioner to exercise the powers and perform the duties set out in this act.
(2) A person is eligible to be appointed as equal pay commissioner if he or she
(a) as expertise in the study and application of the right to equal pay for work of equal value; and
(b) is not a member of the public service.
(3) Subject to subsections (5) to (7), the equal pay commissioner holds office during good behaviour for a term of four years.
(4) A person holding office as equal pay commissioner continues to hold office after the expiry of his or her term of office until he or she is reappointed, a successor is appointed or a period of six months has expired, whichever first occurs.
(5) The equal pay commissioner shall resign at any time by notifying the Speaker of the Legislative Assembly in writing or, if the Speaker is absent or unable to act or the office of the Speaker is vacant, by so notifying the Clerk of the Legislative Assembly.
(6) The Commissioner, on the recommendation of the Legislative Assembly, may, for a cause or incapacity, suspend or remove from office the equal pay commissioner.
(7) If the Legislative Assembly is not sitting, the Commissioner, on the recommendation of the Board of Management or the Legislative Assembly, may suspend the equal pay commissioner for cause or incapacity.
(8) The Commissioner, on the recommendation of the Board of Management or the Legislative Assembly, may appoint an eligible person, as described in subsection (2), as acting equal pay commissioner when
(a) the equal pay commissioner is temporarily unable to act because of illness or for another reason,
(b) the office of equal pay commissioner becomes vacant when the Legislative Assembly is not sitting,
(c) the equal pay commissioner is suspended when the Legislative Assembly is not sitting; or
(d) the equal pay commissioner is removed or the office of the equal pay commissioner becomes vacant when the Legislative Assembly is sitting, but no recommendation is made by the Legislative Assembly under subsection (1) before the end of the sitting.
(9) An acting equal pay commissioner holds office until
(a) the equal pay commissioner returns to office after a temporary absence,
(b) the suspension of the equal pay commissioner ends, or
(c) a person is appointed under subsection (1).
(10) If, for any reason the equal pay commissioner determines that he or she should not act in respect to any particular matter under this act, the Commissioner, on the recommendation of the Board of Management of the Legislative Assembly may appoint an eligible person as described in subsection (2) as a special equal pay commissioner to act in the place of the equal pay commissioner in respect of that matter.
(11) A special equal pay commissioner holds office until the conclusion of the matter in respect of which he or she has been appointed.
40.21. The equal pay commissioner, and where applicable an acting equal pay commissioner, or a special equal pay commissioner, shall
(a) be paid
(i) the prescribed honorarium
(ii) at the prescribed hourly rate in respect to the performance of functions described in subsections 40.2(1); and
(b) be reimbursed for the reasonable travel and other expenses necessarily incurred in the performance of functions described in subsection 40.22(1).
40.22 (1) The equal pay commissioner shall
(a) receive complaints, conduct investigations, assist parties to resolve complaints and prepare investigation reports in accordance with section 40.4;
(b) promote awareness and understanding of the right to equal pay for work of equal value.
(2) The equal pay commissioner may engage the seservices of experts or other persons necessary to assist in carrying out the functions of the equal pay commissioner.
40.23 (1) The equal pay commissioner shall, by July 1, of each year, prepare and submit to the Speaker a report of the activities of the equal pay commissioner and the discharge of his or her duties under this act during the preceding year.